2007 Oregon Code - Chapter 663 :: Chapter 663 - Labor Relations Generally
Chapter 663 —
Labor Relations Generally
2007 EDITION
LABOR RELATIONS GENERALLY
LABOR, EMPLOYMENT; UNLAWFUL DISCRIMINATION
ELECTIONS
663.005Â Â Â Â Definitions
663.010    “Collective
bargaining” defined
663.015Â Â Â Â Designated
collective bargaining representatives to be exclusive; grievances excepted
663.020Â Â Â Â Determination
of appropriate unit for purposes of collective bargaining
663.025Â Â Â Â Filing
of representation petition; investigation; hearing; election
663.030Â Â Â Â Conduct
of representation election
663.035Â Â Â Â Filing
of deauthorization petition; election; limitation
663.040Â Â Â Â Filing
charge of illegal election practice; investigation; new election
663.045Â Â Â Â Obtaining
advisory opinions on assertion of federal jurisdiction; findings of board to be
public records
UNFAIR LABOR PRACTICES
663.100Â Â Â Â Determination
of agent
663.105Â Â Â Â Supervisory
personnel as union members
663.110Â Â Â Â Employee
organization, bargaining rights; union security agreements; payments to
charitable institutions in lieu of union dues and other fees
663.115Â Â Â Â Right
to strike
663.120Â Â Â Â Employer
unfair labor practices
663.125Â Â Â Â Other
employer unfair labor practices
663.130Â Â Â Â Union
unfair labor practices
663.135Â Â Â Â Excessive
membership fee
663.140Â Â Â Â Encouraging
certain strikes; refusals to handle products
663.145Â Â Â Â Refusal
to enter upon premises where strike in progress; truthful strike publicity not
prohibited
663.150Â Â Â Â Picketing
to force recognition of or bargaining with union
663.155Â Â Â Â Contract
with employer to refrain from dealing in products of another employer
663.160Â Â Â Â Expression
of views not containing threats or promises of benefit not unfair labor
practice
663.165Â Â Â Â Procedure
for terminating or modifying existing collective bargaining contract; notice;
negotiation meetings
663.170
Unfair
labor practice provisions not retroactive
REMEDIES
663.175Â Â Â Â Authority
of board to prevent unfair labor practices; authority not to affect other
lawful adjustment means
663.180Â Â Â Â Filing
of charges of unfair practice; fees; board investigation; issuance of
complaints; complaints not to issue on certain practices occurring more than
six months before filing of charges
663.185Â Â Â Â Amendment
of complaint; filing answer; intervenors; fees; conduct of proceedings
663.190Â Â Â Â Record
of testimony at hearings
663.195Â Â Â Â Orders
and findings of board
663.200Â Â Â Â Employee
reinstatement orders; reports showing compliance with orders
663.205Â Â Â Â Modification,
setting aside orders by board; contents of record in certain representation
matters
663.210Â Â Â Â Enforcement
of orders by Court of Appeals; injunctive relief; notice of filing enforcement
petition; authority of court in reviewing order
663.215Â Â Â Â Scope
of court review of order; additional evidence; modification of findings by
board
663.220Â Â Â Â Appeal
of boardÂ’s order to Court of Appeals; authority of court in reviewing order
663.225Â Â Â Â Hearing
of petitions; review proceedings not to stay boardÂ’s order
663.230Â Â Â Â Court
jurisdiction in granting injunctive relief or reviewing order not limited by
ORS 662.010 to 662.130
663.235Â Â Â Â Injunctive
relief authorized upon issuance of unfair labor practice complaint; notice to
defendant; court jurisdiction
663.240Â Â Â Â Priority
of hearing certain unfair labor practice cases
663.245Â Â Â Â Hearing
unfair labor practice cases involving jurisdictional disputes; dismissal of
charges upon voluntary adjustment of dispute
663.250Â Â Â Â Priority
of investigating certain unfair labor practice charges; injunctive relief
pending disposition of case; notice of petition; court authority
663.255Â Â Â Â Injunctive
relief without notice; when board not to apply for injunctive relief
663.260Â Â Â Â Service
of process on union; making union party to suit
663.265Â Â Â Â Application
of ORS 663.270 to 663.295 to hearings and investigations
663.270Â Â Â Â Access
of board to evidence relating to subject matter of investigation or
proceedings; revocation of subpoenas requiring improper information;
administration of oaths; taking testimony and evidence
663.275Â Â Â Â Refusal
to obey subpoenas punished as contempt of court
663.280Â Â Â Â Immunity
from punishment of persons testifying, producing evidence required by subpoena
663.285Â Â Â Â Method
of serving process of board; fees for witnesses summoned by board
663.290Â Â Â Â Place
of service of court process
663.295Â Â Â Â Governmental
officers and agencies to furnish evidence related to board proceedings
ELECTIONS
     663.005
Definitions. As used in this
chapter, unless the context requires otherwise:
     (1) “Board” means the Employment Relations
Board.
     (2) “Conciliator” means the head of the
State Conciliation Service.
     (3) “Employee” includes any employee, and
is not limited to the employees of a particular employer unless this chapter
explicitly states otherwise, and includes any individual whose work has ceased
as a consequence of, or in connection with, a current labor dispute and who has
not obtained any other regular and substantially equivalent employment, but
does not include an individual:
     (a) Employed in agricultural labor as
defined in ORS 657.045;
     (b) Employed by the parent or spouse of
the individual;
     (c) Employed in the domestic service of
any family or person at home;
     (d) Having the status of an independent
contractor;
     (e) Employed as a supervisor;
     (f) Employed by an employer subject to the
Railway Labor Act, as amended (45 U.S.C. 151 to 163 and 181 to 188);
     (g) Employed in the building and
construction industry;
     (h) Employed by any other person who is
not an employer as defined in subsection (4) of this section; or
     (i) Employed by an employer subject to the
jurisdiction of the National Labor Relations Board under its existing
jurisdictional standards, pursuant to the Labor Management Relations Act of
1947, as amended (29 U.S.C. 141 to 187).
     (4) “Employer” includes any person acting
as an agent of an employer, directly or indirectly, but does not include:
     (a) The
     (b) This state, or any county, city or
political subdivision or agency thereof.
     (c) Any person subject to the Railway
Labor Act, as amended (45 U.S.C. 151 to 163 and 181 to 188).
     (d) Any labor organization (other than
when acting as an employer), or anyone acting in the capacity of officer or
agent of a labor organization.
     (e) Any person involved in the building
and construction industry.
     (f) Any person subject to the jurisdiction
of the National Labor Relations Board under its existing jurisdictional
standards, pursuant to the Labor Management Relations Act of 1947, as amended
(29 U.S.C. 141 to 187).
     (5) “Labor dispute” includes any
controversy concerning terms, tenure or conditions of employment or concerning
the association or representation of persons in negotiating, fixing,
maintaining, changing or seeking to arrange terms or conditions of employment,
regardless of whether the disputants stand in the proximate relation of
employer and employee.
     (6) “Labor organization” means an
organization of any kind, or an agency or an employee representation committee
or plan, in which employees participate and which exists for the purpose, in
whole or in part, of dealing with employers concerning grievances, labor
disputes, wages, rates of pay, hours of employment or conditions of work.
     (7) “Professional employee” means:
     (a) An employee engaged in work:
     (A) Predominantly intellectual and varied
in character as opposed to routine mental, manual, mechanical or physical work;
     (B) Involving the consistent exercise of
discretion and judgment in its performance;
     (C) Of such a character that the output
produced or the result accomplished cannot be standardized in relation to a
given period of time;
     (D) Requiring knowledge of an advanced
type in a field of science or learning customarily acquired by a prolonged
course of specialized intellectual instruction and study in an institution of
higher learning or a hospital, as distinguished from a general academic
education or from an apprenticeship or from training in the performance of
routine mental, manual or physical processes; or
     (b) An employee who:
     (A) Has completed the courses of
specialized intellectual instruction and study described in paragraph (a)(D) of
this subsection; and
     (B) Is performing related work under the
supervision of a professional person to qualify the employee to become a
professional employee as defined in paragraph (a) of this subsection.
     (8) “Representative” includes an
individual or labor organization.
     (9) “Supervisor” means any individual,
other than a licensed professional or practical nurse, having authority, in the
interest of the employer, to hire, transfer, suspend, lay off, recall, promote,
discharge, assign, reward or discipline other employees, or responsibly to
direct them, or to adjust their grievances, or effectively to recommend such
action, if in connection with the foregoing the exercise of such authority is
not of a merely routine or clerical nature, but requires the use of independent
judgment.
     (10) “Unfair labor practice” means any
unfair labor practice listed in ORS 663.120 to 663.165. [Formerly 662.505; 1975
c.147 §12; 1975 c.163 §2; 2003 c.14 §408]
     663.010
“Collective bargaining” defined. For the purposes of this chapter, “collective bargaining” is the
performance of the mutual obligation of the employer and the representative of
the employees to meet at reasonable times and confer in good faith with respect
to wages, hours and other terms and conditions of employment, or the
negotiation of an agreement, or any question arising thereunder, and the
execution of a written contract incorporating any agreement reached if
requested by either party. However, this obligation does not compel either
party to agree to a proposal or require the making of a concession. [Formerly
662.515]
     663.015
Designated collective bargaining representatives to be exclusive; grievances
excepted. Representatives
designated or selected for the purposes of collective bargaining, by the
majority of the employees in a unit appropriate for such purposes, are the
exclusive representatives of all the employees in that unit for the purposes of
collective bargaining in respect to rates of pay, wages, hours of employment or
other conditions of employment. However, an individual employee or a group of
employees may at any time present grievances to their employer and have such
grievances adjusted, without the intervention of the bargaining representative,
if:
     (1) The adjustment is not inconsistent
with the terms of a collective-bargaining contract or agreement then in effect;
and
     (2) The bargaining representative has been
given opportunity to be present at the adjustment. [Formerly 662.525]
     663.020
Determination of appropriate unit for purposes of collective bargaining. (1) The Employment Relations Board shall
decide in each case whether the unit appropriate for the purposes of collective
bargaining is the employer unit, craft unit, plant unit, or subdivision
thereof. However, the board shall not decide that:
     (a) A unit is appropriate for such
purposes if the unit includes both professional employees and employees who are
not professional employees, unless a majority of the professional employees
vote for inclusion in the unit;
     (b) A craft unit is inappropriate for such
purposes on the ground that a different unit has been established by a prior
determination of the board unless a majority of the employees in the proposed
craft unit vote against separate representation; or
     (c) A unit is appropriate for such
purposes if it includes, together with other employees, an individual employed
as a guard to enforce against employees and other persons rules to protect
property of the employer or to protect the safety of persons on the employerÂ’s
premises. However, no labor organization shall be certified as the
representative of employees in a bargaining unit of guards if such organization
admits to membership, or is affiliated directly or indirectly with an
organization which admits to membership, employees other than guards.
     (2) In determining whether a unit is
appropriate for the purposes specified in subsection (1) of this section, the
extent to which the employees have organized is not controlling. [Formerly
662.545]
     663.025
Filing of representation petition; investigation; hearing; election. (1) A petition may be filed with the
Employment Relations Board, in accordance with regulations prescribed by the
board:
     (a) By an employee or group of employees,
or any individual or labor organization acting in their behalf, alleging that a
substantial number of employees:
     (A) Wish to be represented for collective
bargaining and that their employer declines to recognize their representative
as the representative defined in ORS 663.015; or
     (B) Assert that the individual or labor
organization that has been certified or is being currently recognized by their
employer as the bargaining representative is no longer a representative as
defined in ORS 663.015; or
     (b) By an employer, alleging that one or
more individuals or labor organizations have presented to the employer a claim
to be recognized as the representative defined in ORS 663.015.
     (2) The board shall investigate the
petition and if, upon the basis of its findings, the board has reasonable cause
to believe that a question of representation exists, it shall provide for an
appropriate hearing before the board itself, a member thereof or its agent
appointed for that purpose. Written notice of the hearing shall be mailed by
certified mail to the parties named in the petition not less than seven days
before the hearing. If the board finds upon the record of the hearing that a
question of representation exists, it shall conduct an election by secret
ballot marked at the place of election and certify the results thereof.
     (3) In determining whether or not a
question of representation exists, the same regulations and rules of decision
apply irrespective of the identity of the persons filing the petition or the
kind of relief sought.
     (4) Nothing in this chapter prohibits the
waiving of hearings by stipulation for the purpose of a consent election in
conformity with regulations and rules of decision of the board. [Formerly
662.555; 1975 c.147 §13; 2003 c.14 §409]
     663.030
Conduct of representation election. No election shall be directed in any bargaining unit or any
subdivision within which, in the preceding 12 months, a valid election has been
held. Employees engaged in an economic strike who are not entitled to
reinstatement are eligible to vote, under regulations of the Employment
Relations Board consistent with the purposes and provisions of this chapter, in
any election conducted within 12 months after the commencement of the strike.
In any election where none of the choices on the ballot receives a majority, a
run-off shall be conducted by the board, the ballot providing for a selection
between the two choices receiving the largest and second largest number of
valid votes cast in the election. [Formerly 662.565; 1975 c.147 §13a]
     663.035
Filing of deauthorization petition; election; limitation. (1) Upon the filing with the Employment
Relations Board by 40 percent or more of the employees in a bargaining unit
covered by an agreement between their employer and a labor organization
requiring membership as a condition of employment, of a petition alleging that
they desire that the authority of the labor organization to make such an
agreement be rescinded, the board shall direct the conciliator to take a secret
ballot, marked at the place of election, of the employees in the unit and to
certify the results thereof to the labor organization and to the employer.
     (2) No election shall be conducted
pursuant to this section in a bargaining unit or a subdivision within which, in
the preceding 12 months, a valid election has been held. [Formerly 662.575]
     663.040
Filing charge of illegal election practice; investigation; new election. Any person may file with the Employment
Relations Board a charge that employees eligible to vote in an election under
this chapter have been coerced or restrained in the exercise of this right. The
board shall investigate the charge. If, upon the basis of its findings, the
board concludes that employees eligible to vote in the election were so coerced
or restrained, the board may order another election. [Formerly 662.585; 1975
c.147 §14]
     663.045
Obtaining advisory opinions on assertion of federal jurisdiction; findings of board
to be public records. (1) In
carrying out this chapter, the Employment Relations Board may, pursuant to any
applicable federal law, rule or regulation, petition the National Labor
Relations Board for an advisory opinion as to whether that agency will assert
jurisdiction over a labor dispute which is the subject of a proceeding then
pending before the board.
     (2) All findings, conclusions, and
determinations of the board under this chapter shall be public records. [Formerly
662.595]
UNFAIR LABOR
PRACTICES
     663.100
Determination of agent. For
the purposes of this chapter, in determining whether a person is acting as an “agent”
of a second person so as to make the second person responsible for the acts of
the first person, the question of whether the specific acts performed were
actually authorized or subsequently ratified is not controlling. [1971 c.729 §3;
1987 c.158 §133]
     663.105
Supervisory personnel as union members. Nothing in this chapter prohibits an individual employed as a
supervisor from becoming or remaining a member of a labor organization, but no
employer subject to this chapter is compelled to treat as employees, for the
purpose of collective bargaining, individuals defined as supervisors in ORS
663.005. [1971 c.729 §4]
     663.110
Employee organization, bargaining rights; union security agreements; payments
to charitable institutions in lieu of union dues and other fees. Employees have the right to self-organization;
to form, join or assist labor organizations; to bargain collectively through
representatives of their own choosing; and to engage in other concerted
activities for the purpose of collective bargaining or other mutual aid or
protection. Employees also have the right to refrain from any or all of such
activities except to the extent that this right may be affected by an agreement
requiring membership in a labor organization as a condition of employment as
authorized by ORS 663.125. However, agreements involving union security
including an all-union agreement or agency agreement must safeguard the rights
of nonassociation of employees, based on bona fide religious tenets or
teachings of a church or religious body of which such employee is a member.
Such employee must pay an amount of money equivalent to regular union dues and
initiation fees and assessments, if any, to a nonreligious charity or to
another charitable organization mutually agreed upon by the employee affected
and the representative of the labor organization to which such employee would
otherwise pay dues. The employee shall furnish written proof that this has been
done. If the employee and representative of the labor organization do not reach
agreement on the matter, the Employment Relations Board shall designate such
organization. [1971 c.729 §5; 2003 c.14 §410]
     663.115
Right to strike. Nothing in
this chapter, except as specifically provided for therein, either interferes
with, impedes or diminishes in any way the right to strike, or affects the
limitations or qualifications on that right. [1971 c.729 §6]
     663.120
Employer unfair labor practices. It is an unfair labor practice for an employer:
     (1) To interfere with, restrain or coerce
employees in the exercise of the rights guaranteed in ORS 663.110;
     (2) To dominate or interfere with the
formation or administration of any labor organization or contribute financial
or other support to it. However, subject to rules published by the Employment
Relations Board pursuant to ORS chapter 183, an employer may permit employees
to confer with the employer during working hours without loss of time or pay;
     (3) To discharge or otherwise discriminate
against an employee because the employee has filed charges or given testimony
under this chapter; or
     (4) To refuse to bargain collectively with
the employeesÂ’ exclusive representative, as defined in ORS 663.015. [1971 c.729
§7; 1975 c.83 §1]
     663.125
Other employer unfair labor practices. It is an unfair labor practice for an employer, by discrimination in
regard to hire or tenure of employment or any term or condition of employment,
to encourage or discourage membership in a labor organization. However:
     (1) Nothing in this chapter or in any
other statute of this state precludes an employer from making an agreement with
a labor organization (not established, maintained or assisted by any action
defined in this section or in ORS 663.120 as an unfair labor practice) to
require as a condition of employment membership therein on or after the 30th day
following the beginning of such employment or the effective date of such
agreement, whichever is the later:
     (a) If the labor organization is the
representative of the majority of the employees in the appropriate
collective-bargaining unit covered by the agreement when made; and
     (b) Unless following an election held
within one year preceding the effective date of the agreement, at least a
majority of the employees eligible to vote in the election have voted to
rescind the authority of the labor organization to make such an agreement.
     (2) No employer shall justify any
discrimination against an employee for nonmembership in a labor organization if
the employer has reasonable grounds for believing that membership was:
     (a) Not available to the employee on the
same terms and conditions generally applicable to other members; or
     (b) Denied or terminated for reasons other
than the failure of the employee to tender the periodic dues and the initiation
fees uniformly required as a condition of acquiring or retaining membership. [1971
c.729 §8]
     663.130
Union unfair labor practices.
It is an unfair labor practice for a labor organization or its agents:
     (1) To cause or attempt to cause an
employer to discriminate against an employee in violation of ORS 663.125 or to
discriminate against an employee with respect to whom membership in such
organization has been denied or terminated on some ground other than the
failure of the employee to tender the periodic dues and the initiation fees
uniformly required as a condition of acquiring or retaining membership;
     (2) To refuse to bargain collectively with
an employer, if it is the elected and certified representative of the
employees;
     (3) To cause or attempt to cause an
employer to pay or deliver, or agree to pay or deliver, any money or other
thing of value, in the nature of an exaction, for services which are not
performed or not to be performed; or
     (4) To restrain or coerce:
     (a) An employer in the selection of
representatives for the purposes of collective bargaining or the adjustment of
grievances; or
     (b) Employees in the exercise of the
rights guaranteed in ORS 663.110. However, this paragraph does not impair the
right of a labor organization to prescribe its own rules with respect to the
acquisition or retention of membership therein. [1971 c.729 §9]
     663.135
Excessive membership fee. It
is an unfair labor practice for a labor organization or its agents to require
of employees covered by an agreement authorized under ORS 663.125 the payment,
as a condition precedent to becoming a member of the organization, of a fee in
an amount which the Employment Relations Board finds excessive or
discriminatory under all the circumstances. In making such a finding the board
shall consider, among other relevant factors, the practices and customs of
labor organizations in the particular industry, and the wages currently paid to
the employees affected. [1971 c.729 §10]
     663.140
Encouraging certain strikes; refusals to handle products. It is an unfair labor practice for a labor
organization or its agents to engage in, or to induce or encourage any
individual employed by any person to engage in, a strike or a refusal in the
course of employment to use, manufacture, process, transport or otherwise
handle or work on any goods, articles, materials or commodities or to perform
any services; or to threaten, coerce or restrain any person, where in either
case an object thereof is forcing or requiring:
     (1) An employer or self-employed person to
join a labor or employer organization or to enter into an agreement that is
prohibited by ORS 663.155;
     (2) A person to cease using, selling,
handling, transporting or otherwise dealing in the products of any other
producer, processor or manufacturer, or to cease doing business with any other
person, or forcing or requiring any other employer to recognize or bargain with
a labor organization as the representative of employees of the employer unless
such labor organization has been certified as the elected representative of
such employees. However, nothing in this subsection makes unlawful, where not
otherwise unlawful, any primary strike or primary picketing;
     (3) An employer to recognize or bargain
with a particular labor organization as the representative of employees of the
employer if another labor organization has been certified as the elected
representative of such employees; or
     (4) An employer to assign particular work
to employees in a particular labor organization or in a particular trade, craft
or class rather than to employees in another labor organization or in another
trade, craft or class, unless the employer is failing to conform to an order of
the Employment Relations Board or certification of the conciliator determining
the bargaining representative for employees performing the work. [1971 c.729 §11;
2005 c.22 §473]
     663.145
Refusal to enter upon premises where strike in progress; truthful strike
publicity not prohibited.
(1) Notwithstanding ORS 663.140, nothing in ORS 663.130 to 663.150 makes
unlawful a refusal by any person to enter upon the premises of an employer
(other than the personÂ’s own employer), if the employees of that employer are
engaged in a strike ratified or approved by an elected and certified
representative of the employees whom the employer is required to recognize.
     (2) For the purposes of ORS 663.140 only,
nothing in that section prohibits publicity, other than picketing, for the
purpose of truthfully advising the public, including consumers and members of a
labor organization, that a product is produced by an employer with whom the
labor organization has a primary dispute and is distributed by another
employer, as long as such publicity does not have an effect of inducing an
individual employed by any person other than the primary employer in the course
of employment to refuse to pick up, deliver or transport any goods, or not to
perform any services, at the establishment of the employer engaged in such
distribution. [1971 c.729 §12]
     663.150
Picketing to force recognition of or bargaining with union. (1) It is an unfair labor practice for a
labor organization or its agents to picket or cause to be picketed, or threaten
to picket or cause to be picketed, any employer when an object thereof is
forcing or requiring an employer to recognize or bargain with a labor organization
as the representative of the employees, or forcing or requiring the employees
of an employer to accept or select such labor organization as their
collective-bargaining representative, unless such labor organization is
currently certified as the representative of such employees:
     (a) Where the employer has lawfully
recognized in accordance with this chapter any other labor organization and a
petition for a representation election may not appropriately be filed;
     (b) Where, within the preceding 12 months,
a valid election has been conducted; or
     (c) Where the picketing has been conducted
without a petition for an election and certification having been filed.
However:
     (A) When such a petition has been filed
the Employment Relations Board forthwith, without regard to the absence of a
showing of a substantial interest on the part of the labor organization and
without an investigation or hearing, shall conduct an election by secret
ballot, marked at the place of election, in such unit as the board finds to be appropriate,
and to certify the results thereof.
     (B) Nothing in this section prohibits any
picketing or other publicity for the purpose of truthfully advising the public
(including consumers) that an employer does not employ members of, or have a
contract with, a labor organization, unless an effect of the picketing is to
induce an individual employed by any other person in the course of employment,
not to pick up, deliver or transport any goods or not to perform any services.
     (2) Nothing in this section permits any
act that otherwise would be an unfair labor practice under ORS 663.130 to
663.150. [1971 c.729 §13; 1975 c.147 §14a; 2007 c.71 §218]
     663.155
Contract with employer to refrain from dealing in products of another employer. It is an unfair labor practice for a labor
organization and an employer to enter into a contract or agreement, express or
implied, whereby the employer ceases or refrains, or agrees to cease or
refrain, from handling, using, selling, transporting or otherwise dealing in
any of the products of any other employer, or to cease doing business with any
other person. Any contract or agreement entered into after January 1, 1972,
containing such an agreement is to such extent unenforceable and void. [1971
c.729 §15]
     663.160
Expression of views not containing threats or promises of benefit not unfair
labor practice. The
expressing of any views, argument or opinion, or the dissemination thereof,
whether in written, printed, graphic or visual form, does not constitute
evidence of an unfair labor practice under any of the provisions of this
chapter, if the expression contains no threat of reprisal or force or promise
of benefit. [1971 c.729 §16]
     663.165
Procedure for terminating or modifying existing collective bargaining contract;
notice; negotiation meetings.
(1) Notwithstanding ORS 663.010, if there is in effect a collective-bargaining
contract covering employees in an industry, the duty to bargain collectively
also means that no party to the contract shall terminate or modify the contract,
unless the party desiring termination or modification:
     (a) Serves a written notice upon the other
party to the contract of the proposed termination or modification 60 days
before the expiration date thereof, or in the event the contract contains no expiration
date, 60 days before the time it is proposed to make such termination or
modification;
     (b) Offers to meet and confer with the
other party for the purpose of negotiating a new contract or a contract
containing the proposed modifications;
     (c) Notifies the State Conciliation
Service within 30 days after notice of the existence of a dispute, if no
agreement has been reached by that time; and
     (d) Continues in full force and effect,
without resorting to strike or lockout, all the terms and conditions of the
existing contract for a period of 60 days after such notice is given or until
the expiration date of the contract, whichever occurs later.
     (2) The duties imposed upon employers,
employees and labor organizations by subsection (1)(b), (c) and (d) of this
section:
     (a) Become inapplicable upon an
intervening election and certification under which the labor organization or
individual which is a party to the contract has been superseded as or ceased to
be the representative of the employees; and
     (b) Do not require either party to discuss
or agree to any modification of the terms and conditions contained in a
contract for a fixed period, if the modification is to become effective before
the terms and conditions can be reopened under the provisions of the contract.
     (3) Any employee who engages in a strike
within the 60-day period specified in this section loses status as an employee
of the employer engaged in the particular labor dispute, for the purposes of
this chapter, but the loss of status for the employee terminates if the
employee is reemployed by the employer. [1971 c.729 §17]
     663.170
Unfair labor practice provisions not retroactive. (1) No provision of this chapter makes an
unfair labor practice any act that was performed before January 1, 1972.
     (2) ORS 663.125 and 663.130 (1) do not
make an unfair labor practice the performance of any obligation under a
collective-bargaining agreement entered into before January 1, 1972, unless the
agreement was renewed or extended after January 1, 1972. [1971 c.729 §18]
REMEDIES
     663.175
Authority of board to prevent unfair labor practices; authority not to affect
other lawful adjustment means.
As provided in ORS 663.175 to 663.260, the Employment Relations Board may
prevent any person from engaging in an unfair labor practice listed in ORS
663.120 to 663.165. This power is not affected by any other means of adjustment
or prevention established by agreement, law, ordinance, regulation or
otherwise. [1971 c.729 §19]
     663.180
Filing of charges of unfair practice; fees; board investigation; issuance of
complaints; complaints not to issue on certain practices occurring more than
six months before filing of charges. (1) A person may file with the Employment Relations Board a charge
that another person has engaged in or is engaging in an unfair labor practice.
The person filing the charge shall pay a fee of $250 to the board. The board
shall deposit fees received under this section to the credit of the Employment
Relations Board Administrative Account.
     (2) If it is charged that a person has
engaged in or is engaging in an unfair labor practice, the board shall cause an
investigation to be made. If, on the basis of this investigation, it appears to
the board that an issue of fact or law exists as to a violation of ORS 663.120
to 663.165, the board shall issue a complaint. The complaint shall contain a
notice of hearing before the board, at a place fixed in the notice, not less
than five days after the serving of the complaint.
     (3) Notwithstanding subsection (2) of this
section, the board may not issue a complaint based upon an unfair labor
practice occurring more than six months before the filing of the charge with
the board, and the service of a copy of the charge upon the person against whom
the charge is made, unless the person aggrieved by the unfair labor practice
was prevented from filing the charge by reason of service in the Armed Forces
of the United States, in which event the six-month period shall be computed
from the day of discharge. [1971 c.729 §20; 1975 c.147 §15; 2007 c.296 §2]
     663.185
Amendment of complaint; filing answer; intervenors; fees; conduct of
proceedings. (1) The
Employment Relations Board may amend a complaint at any time before the
issuance of an order based on the complaint.
     (2) The person so complained of may file
an answer to the original or amended complaint and appear in person or
otherwise and give testimony at the place and time fixed in the complaint. The
person filing the answer shall pay a fee of $250 to the board. The board may
allow any other person to intervene in the proceeding and to present testimony.
A person allowed to intervene shall pay a fee of $250 to the board.
     (3) As far as practicable, the board shall
conduct the proceeding in accordance with the rules of evidence applicable to
civil actions.
     (4) The board shall deposit fees received
under this section to the credit of the Employment Relations Board
Administrative Account. [1971 c.729 §21; 1979 c.284 §190; 2007 c.296 §3]
     663.190
Record of testimony at hearings. The testimony taken at the hearing shall be reduced to writing and
filed with the Employment Relations Board. Thereafter, in its discretion, the
board on notice may take further testimony or hear argument, which shall
similarly be reduced to writing. [1971 c.729 §22]
     663.195
Orders and findings of board.
(1) If, on the preponderance of the evidence taken and in the record, the
Employment Relations Board is not of the opinion that the person named in the
complaint has engaged in or is engaging in an unfair labor practice, the board
shall state its findings of fact and shall issue an order dismissing the
complaint.
     (2) If, on the preponderance of evidence
taken and in the record, the board is of the opinion that a person named in the
complaint has engaged in or is engaging in an unfair labor practice, the board
shall state its findings of fact and shall issue and cause to be served on that
person an order requiring the person to cease and desist from the unfair labor
practice and to take such affirmative action, including reinstatement of
employees with or without back pay, as will effectuate the policies of this
chapter.
     (3) No order of the board shall require
the reinstatement as an employee of an individual who has been suspended or
discharged, or the payment to the individual of any back pay, if the individual
was suspended or discharged for cause. [1971 c.729 §23]
     663.200
Employee reinstatement orders; reports showing compliance with orders. (1) Except as provided in ORS 663.195 (3),
if an order directs reinstatement of an employee, back pay may be required of
the employer or labor organization responsible for the discrimination suffered
by the employee.
     (2) In determining whether a complaint
shall issue alleging a violation of ORS 663.120 (1) or (2), and in deciding
such cases, the same regulations and rules of decision shall apply irrespective
of whether or not the labor organization affected is affiliated with a labor
organization national or international in scope.
     (3) An order further may require a person
to make reports from time to time showing the extent to which it has complied
with the order. [1971 c.729 §24]
     663.205
Modification, setting aside orders by board; contents of record in certain
representation matters. (1)
Until the record of a case has been filed in court as provided in ORS 663.210
or 663.220, the Employment Relations Board at any time, upon reasonable notice
and in such manner as it considers proper, may modify or set aside in whole or
in part any finding or order made or issued by it.
     (2) If an order of the board made pursuant
to ORS 663.190, 663.195 and 663.200 is based in whole or in part upon facts
certified following an investigation relating to a representation election and
there is a petition for the enforcement or review of the order, the
certification and the record of the investigation shall be included in the
transcript of the entire record required to be filed under ORS 663.210 or
663.220. The judgment of the court enforcing, modifying or setting aside in
whole or in part the order of the board shall be made and entered upon the
pleadings, testimony and proceedings set forth in the transcript. [1971 c.729 §25;
2003 c.576 §536]
     663.210
Enforcement of orders by Court of Appeals; injunctive relief; notice of filing
enforcement petition; authority of court in reviewing order. The Employment Relations Board may petition
the Court of Appeals for the enforcement of an order and for appropriate
temporary relief or restraining order, and shall file in the court the record
in the proceedings. On the filing of the petition the court shall cause notice
thereof to be served upon such person, and thereupon it has jurisdiction of the
proceeding and the question determined therein. It may grant such temporary
relief or restraining order as it considers just and proper, and make and enter
a judgment enforcing, modifying and enforcing as so modified, or setting aside
in whole or in part the order of the board. [1971 c.729 §26; 2003 c.576 §537]
     663.215
Scope of court review of order; additional evidence; modification of findings
by board. (1) No objection
that has not been urged before the Employment Relations Board shall be
considered by the court, unless the failure or neglect to urge the objection is
excused because of extraordinary circumstances. The findings of the board with
respect to questions of fact, if supported by substantial evidence on the
record considered as a whole, are conclusive.
     (2) If either party applies to the court
for leave to adduce additional evidence and shows to the satisfaction of the
court that the additional evidence is material and that there were reasonable
grounds for the failure to adduce the evidence in the hearing before the board,
the court may order the additional evidence to be taken before the board, and
to be made a part of the record.
     (3) The board may modify its findings as
to the facts, or make new findings, by reason of additional evidence so taken
and filed, and it shall file modified or new findings. With respect to
questions of fact the modified or new findings, if supported by substantial
evidence on the record considered as a whole, are conclusive. [1971 c.729 §27]
     663.220
Appeal of boardÂ’s order to Court of Appeals; authority of court in reviewing
order. (1) Any person
aggrieved by a final order of the Employment Relations Board granting or
denying in whole or in part the relief sought may obtain a review of the order
in the Court of Appeals by filing in the court a written petition praying that
the order of the board be modified or set aside. A copy of the petition shall
be transmitted forthwith by the clerk of the court to the board and thereupon
the aggrieved party shall file in the court the record in the proceeding,
certified by the board.
     (2) On the filing of the petition, the court
shall proceed in the same manner as in the case of an application by the board
under ORS 663.210, and it has the same jurisdiction to grant to the board
temporary relief or restraining order as it considers just and proper, and in
like manner to make and enter a judgment enforcing, modifying and enforcing as
so modified, or setting aside in whole or in part the order of the board. The
findings of the board with respect to questions of fact, if supported by
substantial evidence on the record considered as a whole, are in like manner
conclusive. [1971 c.729 §28; 2003 c.576 §538]
     663.225
Hearing of petitions; review proceedings not to stay boardÂ’s order. (1) Petitions filed under ORS 663.175 to
663.260 shall be heard expeditiously, and if possible within 10 days after they
are docketed.
     (2) The commencement of proceedings under
ORS 663.210, 663.215 and 663.220 does not, unless specifically ordered by the
court, operate as a stay of the Employment Relations BoardÂ’s order. [1971 c.729
§29]
     663.230
Court jurisdiction in granting injunctive relief or reviewing order not limited
by ORS 662.010 to 662.130.
When granting appropriate temporary relief or a restraining order, or making
and entering a judgment enforcing, modifying and enforcing as so modified, or
setting aside in whole or in part an order of the Employment Relations Board,
as provided in ORS 663.175 to 663.260, the jurisdiction of the court is not
limited by ORS 662.010 to 662.130. [1971 c.729 §30; 2003 c.576 §539]
     663.235
Injunctive relief authorized upon issuance of unfair labor practice complaint;
notice to defendant; court jurisdiction. The Employment Relations Board, on issuance of a complaint charging
that any person has engaged in or is engaging in an unfair labor practice, may
petition the Court of Appeals for appropriate temporary relief or restraining
order. On the filing of any such petition the court shall cause notice thereof
to be served upon such person, and thereupon has jurisdiction to grant to the
board such temporary relief or restraining order as the court considers just
and proper. [1971 c.729 §31]
     663.240
Priority of hearing certain unfair labor practice cases. If it is charged that a person has engaged
in an unfair labor practice within the meaning of ORS 663.125 or 663.130 (1),
the charge shall be given priority over all other cases except cases of like
character where it is filed or referred and cases given priority under ORS
663.250, 663.255 and 663.260. [1971 c.729 §32]
     663.245
Hearing unfair labor practice cases involving jurisdictional disputes;
dismissal of charges upon voluntary adjustment of dispute. If it is charged that a person has engaged
in an unfair labor practice within the meaning of ORS 663.140 (4), the
Employment Relations Board shall hear and determine the dispute out of which
the unfair labor practice arose unless, within 10 days after notice that the
charge has been filed, the parties to the dispute submit to the board
satisfactory evidence that they have adjusted, or agreed upon methods for the
voluntary adjustment of, the dispute. On compliance by the parties to the
dispute with the decision of the board or upon voluntary adjustment of the
dispute, the charge shall be dismissed. [1971 c.729 §33]
     663.250
Priority of investigating certain unfair labor practice charges; injunctive
relief pending disposition of case; notice of petition; court authority. (1) If it is charged that a person has
engaged in an unfair labor practice within the meaning of ORS 663.140 (1) to
(3) or 663.150 or 663.155, the preliminary investigation of the charge shall be
made forthwith and given priority over all other cases except cases of like
character where it is filed or referred. If, after investigation, the
Employment Relations Board or its agent has reasonable cause to believe the
charge is true and that a complaint should issue, the board shall petition the
Court of Appeals for appropriate injunctive relief pending the final
adjudication of the board with respect to the matter.
     (2) On the filing of such a petition the
court:
     (a) Shall cause notice thereof to be
served upon any person involved in the charge. Such person, including the
charging party, shall be given an opportunity to appear by counsel and present
any relevant testimony.
     (b) Has jurisdiction to grant such injunctive
relief or temporary restraining order as it considers just and proper,
notwithstanding any other provision of law.
     (3) In situations where such relief is
appropriate, the procedure specified in this section applies to charges with
respect to ORS 663.140 (4). [1971 c.729 §34; 1975 c.147 §16]
     663.255
Injunctive relief without notice; when board not to apply for injunctive
relief. Notwithstanding ORS
663.250:
     (1) No temporary restraining order shall
be issued without notice unless a petition alleges that substantial and
irreparable injury to the charging party will be unavoidable. Such a temporary
restraining order is effective for no longer than five days and is void at the
expiration of that period.
     (2) The Employment Relations Board shall
not apply for a restraining order under ORS 663.235 if a charge against the
employer under ORS 663.120 (2) has been filed and, after the preliminary
investigation, the board has reasonable cause to believe that the charge is
true and that a complaint should issue. [1971 c.729 §35; 1975 c.147 §17]
     663.260
Service of process on union; making union party to suit. The service of legal process upon an officer
or agent of a labor organization constitutes service upon the labor
organization and makes the organization a party to the suit. [1971 c.729 §36]
     663.265
Application of ORS 663.270 to 663.295 to hearings and investigations. ORS 663.270 to 663.295 apply to all hearings
and investigations which, in the opinion of the Employment Relations Board, are
necessary and proper for the exercise of the powers vested in it by this
chapter. [1971 c.729 §37]
     663.270
Access of board to evidence relating to subject matter of investigation or
proceedings; revocation of subpoenas requiring improper information;
administration of oaths; taking testimony and evidence. (1) The Employment Relations Board or its
duly authorized agents at all reasonable times shall have access to, for the
purpose of examination, and the right to copy, any evidence of a person being
investigated or proceeded against that relates to any matter under
investigation or in question. The board, upon application of a party to such
proceedings, forthwith shall issue to that party subpoenas requiring the
attendance and testimony of witnesses or the production of any evidence in the
proceeding or investigation requested in the application.
     (2) Within five days after the service of
a subpoena on a person requiring the production of any evidence in possession
or under the control of the person, the board on petition of that person shall
revoke the subpoena if in its opinion the evidence whose production is required
does not relate to any matter under investigation, or any matter in question in
the proceedings, or if in its opinion the subpoena does not describe with sufficient
particularity the evidence whose production is required.
     (3) The board or its agent designated by
it for such purposes, may administer oaths and affirmations, examine witnesses
and receive evidence. Attendance of witnesses and the production of such
evidence may be required at any designated place of hearing. [1971 c.729 §38;
1975 c.147 §18]
     663.275
Refusal to obey subpoenas punished as contempt of court. In case of contumacy or refusal to obey a
subpoena issued to any person, any court of this state within the jurisdiction
of which the inquiry is carried on or within the jurisdiction of which the
person guilty of contumacy or refusal to obey is found or resides or transacts
business, upon application by the Employment Relations Board or its agent, has
jurisdiction to issue to the person an order requiring the person to appear
before the board or its agent to produce evidence if so ordered, or to give
testimony touching the matter under investigation or in question. Any failure
to obey such order of the court may be punished by the court as a contempt
thereof. [1971 c.729 §39; 1975 c.147 §19]
     663.280
Immunity from punishment of persons testifying, producing evidence required by
subpoena. No person shall be
excused from attending and testifying or from producing books, records,
correspondence, documents or other evidence in obedience to a subpoena issued
under ORS 663.270, on the ground that the testimony or evidence required of the
person may tend to incriminate the person or subject the person to a penalty or
forfeiture. However, no individual shall be prosecuted or subjected to any
penalty or forfeiture for or on account of any transaction, matter or thing
concerning which the individual is compelled, after having claimed privilege
against self-incrimination, to testify or produce evidence, except that the
individual so testifying is not exempt from prosecution and punishment for
perjury committed in so testifying. [1971 c.729 §40]
     663.285
Method of serving process of board; fees for witnesses summoned by board. (1) Complaints, orders, and other process
and papers of the Employment Relations Board or its designated agent issued
under this chapter may be served personally, by registered or certified mail,
by telegraph or by leaving a copy thereof at the principal office or place of
business of the person required to be served. The verified return by the
individual so serving setting forth the manner of service is proof of service.
The return post-office receipt or telegraph receipt therefor, when registered
and mailed or telegraphed, is proof of service.
     (2) Witnesses summoned before the board or
its designated agent under this chapter shall be paid the fees and mileage
provided for witnesses in ORS 44.415 (2). Witnesses whose depositions are taken
and the persons taking the same are severally entitled to the same fees as are
paid for like services in the courts of this state. [1971 c.729 §41; 1975 c.147
§20; 1989 c.980 §18]
     663.290
Place of service of court process. All process of any court to which application may be made under this
chapter may be served wherever the defendant or other person required to be
served resides or may be found. [1971 c.729 §42]
     663.295
Governmental officers and agencies to furnish evidence related to board
proceedings. All officers,
departments and agencies of this state, when directed by the Governor, shall
furnish the Employment Relations Board, upon its request, all records, papers
and information in their possession relating to any matter before the board. [1971
c.729 §43]
     663.300 [Formerly 662.605; repealed by 1975 c.147 §21]
     663.305 [Formerly 662.615; repealed by 1975 c.147 §21]
     663.310 [Formerly 662.625; repealed by 1975 c.147 §21]
     663.315 [Formerly 662.635; repealed by 1975 c.147 §21]
     663.320 [Formerly 662.645; repealed by 1975 c.147 §21]
     663.325 [Formerly 662.655; repealed by 1975 c.147 §21]
_______________
CHAPTERS 664 TO 669
[Reserved for expansion]
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